Perkins on Privacy
Perkins on Privacy
Perkins on Privacy provides updates and insights on an array of privacy and data security legal issues, brought to you by Perkins Coie’s Chambers-ranked Privacy & Security practice. Subscribe 🡢
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Almost There and Starting Again: CPPA Votes To Finalize Regulations and Launches Round Two
The Board of the California Privacy Protection Agency (CPPA) approved a rulemaking package covering Sections 7000–7304 of their draft regulations on February 3, 2023.
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California Attorney General Targets Popular Mobile Apps in CCPA Enforcement Sweep
As it did last year, the California Attorney General's Office recognized Data Privacy Day by announcing its latest investigative sweep under the California Consumer Privacy Act (CCPA).
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FCC Proposes To Strengthen Data Breach Notification Rules for Telecom Operators
In response to the increased frequency and severity of data breaches in the telecommunications industry, the Federal Communications Commission recently published a Notice of Proposed Rulemaking that seeks to strengthen and broaden its breach notification r
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Four Data Security Safeguards the FTC Would Like Companies To Adopt in 2023
Data security will be an enforcement priority for the FTC in 2023. The FTC, in its December 14, 2022, Commission meeting, highlighted four data security measures that it believes are particularly important for strong cybersecurity.
This Update discusses what these safeguards are and why the FTC believes they are so critical.
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One Step Closer: California Privacy Protection Agency Reviews Comments for CCPA Regulations
Last week, the period for comments closed on the California Privacy Protection Agency's (CPPA) latest version of the draft implementing regulations for the California Privacy Rights Act (CPRA) amendments to the California Consumer Privacy Act (CCPA) (Revised Regs).
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What is the US-UK Data Access Agreement and Why Does it Matter?
This is the second in a series of updates addressing the bilateral data access agreement (Data Access Agreement or agreement) between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Dat
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More State Content Moderation Laws Coming to Social Media Platforms
California and New York recently passed laws that seek to change how social media platforms and social media networks design and report their content moderation practices. The New York law will require a hateful conduct policy and reporting mechanism starting in December 2022. The California laws will impose content policy and transparency requirements starting in 2023 and 2024.
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White House Adopts Blueprint for an AI Bill of Rights
The Office of Science and Technology Policy (OSTP), a part of the Executive Office of the President, recently published a white paper titled "The Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People" (Blueprint)
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This is Not a Drill: CPPA Gets Closer to Finalizing Certain Privacy Regulations
Introduction
While candy sales skyrocketed and trick-or-treaters donned costumes this past Halloween weekend, the California Privacy Protection Agency (Agency) Board was busy holding its first public meeting since September.
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Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on Extraterritoriality
Amazon and Microsoft won summary judgment in two class action lawsuits filed in federal court in the U.S. District Court for the Western District of Washington asserting violations of the Illinois Biometric Information Privacy Act.
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$228M Verdict in First Illinois Biometric Information Privacy Act Trial
After a five-day trial and only an hour of deliberation, the nation's first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company, recklessly or intentionally violated BIPA 45,600 times (once per class member), resulting in a $228 million judgment.
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Western States Continue To Shape US Privacy Landscape: Colorado CPA and California CPRA
The Colorado attorney general's office sent shockwaves throughout the privacy world on September 30, 2022, when it published its proposed Colorado Privacy Act (CPA) draft rules (Draft Rules).
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President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy Framework
President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities.
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The EU’s Digital Services Act: A Paradigm Shift for Online Intermediaries
Following the European Council's approval last week, the Digital Services Act (DSA) has been officially adopted, starting the countdown to the law's entry into force later this year.
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2022 Breach Notification Law Update: State and Federal Requirements Continue To Evolve
Overview
2022 has been relatively quiet as it relates to state updates to breach notification laws, but Maryland made significant alterations to its general data breach notification law. Additionally, several other states made more minor changes, and the federal government issued or proposed several new data security and breach reporting requirements for certain types of entities.